Landlord Question and Answer Forum

Is it illegal to charge a non refundable pet fee in montana? I just had someone send me a message saying that ANY non refundable fee is illegal in montana

Yes in Montana the state rules require pet fees to be treated as security deposits. However as that, if the pet destroys the property you can use that fee toward the cost of repair and if the pet fee does not cover the full expense you can use the security deposit or take the tenant to small claims if the rest of the deposit is exhausted.

Posted by Derrick D, PA on Wednesday, January 20, 2016

well, here in lies my argument. I am not claiming it to be any sort of deposit or cleaning fee.. I charge it for the extra paperwork and documentation involved. If I were to actually claim it for the above I would certainly want more than $100.00 for my misery.

Posted by KIMBERLEY M, MT on Wednesday, January 20, 2016

If it's ILLEGAL, it's ILLEGAL. You can call it any name that you want but you cannot charge extra if you want to rent to pet owners aside from a Pet Security Deposit. Not sure why you have "extra" paperwork/documentation. If you are building your lease using EZ Landlord, it's a simple click of your tab button to add a Pet Addendum (which I HOPE you are using as it's one of the best I've seen, including the addendum our R.E. Attorney wanted us to use. Do you charge extra for adding a "Roomate" addendum, or Noise Addendum or Non Smoking Addendum or Bed Bug Addendum? Of course not, so why would you add a fee for a pet? And if you believe that you are going through MISERY by renting to pet owners STOP renting to them and end your "misery". But if you DO rent to pet owners, treat them with the respect they deserve, that is, a decent landlord who KNOWS the Federal and State Tenant/Landlord Rules.

Posted by David & Joanna D, PA on Tuesday, February 2, 2016